Hon. Kim Pate: Like Senator Simons, I am still struggling as you can probably tell from my comments yesterday. Many of us are extremely concerned that once this is done in this kind of circumstance — and I didn’t mention it last night, but I share your incredible appreciation for the restraint that the police showed in this instance, at least in everything we could see and what was televised. Certainly, I have heard from other folks that things were happening that were not televised, but everything we saw was incredibly restrained, unlike what we have seen in many protests involving Canadians of African descent, Indigenous folk throughout this country, land and water protectors as well as other protests. Like you, I’m extremely concerned about that once this is done, how often this can be redone, particularly given whoever might be in power who might choose to abuse such state power.

I’m interested in whether you think the inquiry, which you have talked about, is sufficient to ensure that we have the kind of accountability you spoke about and that we need to have in the country when we talk about using such incredible measures as the Emergencies Act, or whether you think we need to actually — and I take from what you have said that you would be able to participate in a group that would do this — call for the immediate revocation of the act if it should pass this chamber. What do you see as the way forward? I agree with you about the lack of leadership. In your opinion, which I value, how do we bring this country together at this point?

Hon. Salma Ataullahjan: Honourable senators, I rise today to speak on the Emergencies Act. Its invocation is a testament to our government’s failure to control protests happening on its doorstep. Canadians asking for leadership to guide them through the third year of a pandemic and countrywide protests were abandoned for three weeks, only to learn that our government has invoked an act against its own citizens.

My office, like most senators’ offices, has been receiving numerous emails and phone calls about the convoy. There have been growing concerns about the so-called freedom protesters who are fighting for and consequently taking away freedom from their fellow Canadians. News of protesters taking over the nation’s capital has gone viral worldwide, damaging Canada’s reputation. Family and friends from around the world have reached out trying to understand what is happening in our country.

As an advocate for human rights, I will always support the right to protest peacefully. At some point, this peaceful demonstration took a turn for the worse and we started witnessing swastikas, Confederate flags and even the Islamophobic Three Percenters flag, a terrorist group as designated by the Government of Canada. I have heard stories of racialized parliamentary staff requiring escorts to enter their workplace. I have also heard of women who stopped wearing a mask when leaving their home out of fear. While protesters have insisted their rights are under threat, I cannot help but wonder who is protecting the rights of the ordinary citizens of Ottawa.

What particularly worries me is the precedent this invocation sets. The Emergencies Act allows the federal government to bypass ordinary democratic processes, and according to the Canadian Civil Liberties Association, the government has not met the threshold necessary to invoke this act. The executive director fears that normalizing emergency legislation threatens our democracy and our civil liberties. On Thursday, February 17, the Canadian Civil Liberties Association announced they would legally challenge the use of the Emergencies Act.

I would like to specify that these emergency measures affect every single Canadian. Unlike the Prime Minister’s assurances, these measures are not focused on certain areas; they apply to the entire country. Already the act will be used to broaden the scope of financing laws, and allow government agencies and banks to share relevant information with the police. And this is only the beginning. I also worry about a lack of respect and adherence to our Charter of Rights and Freedoms. Of course, a special parliamentary review committee will be established to review the government’s actions under the act. But the committee’s insights might come too late, as it appears to be a retroactive evaluation. Every measure under the act must be scrutinized, weighed and discussed to ensure the respect of the Charter of Rights and Freedoms.

More importantly, I fear the sweeping powers of the Emergencies Act may turn against racialized Canadians, such as the Canadian Muslim community, of which I am a part. Since 2001, my community has been excessively targeted by Canadian authorities and fellow citizens alike. Recent Islamophobic attacks have only shown that we are not safe. And the National Council of Canadian Muslims, in reaction to this act, said that we must preserve our right to protest while working with civil society to better understand what these emergency powers mean for the future of protest and to reinforce our Charter rights. Mustafa Farooq, the CEO of the National Council of Canadian Muslims shared a press release in response to the Emergencies Act. He said:

Canadian Muslims are all too familiar with having community organizations, funds, and initiatives be perceived with suspicion by the security establishment. . . . Many of us have questions that must be answered through a process that is transparent and not driven by partisan interests.

Of course, handling a protest in the nation’s capital is no small feat, but the current chosen route is not one of unity. Multiple provinces have voiced their concerns and have clearly stated they are against these drastic measures. The Emergencies Act gives the federal cabinet unprecedented power to assume jurisdiction from the provinces and municipalities, which goes against the basic principles of responsible government under the Westminster tradition. Canadian provinces have worked hard since Confederation to enhance the status and particularities of their provincial governments. They now face an oligarchy and the disappearance of hard-earned powers.

The Prime Minister had the choice to extinguish the flames of dissent and defuse the situation weeks ago. The government’s lack of response to the protests and reliance on the Emergencies Act have put us at risk of severe, lasting repercussions on Canadian society for years to come. Only time will tell if our democracy will be better because of it. In the meantime, the protests are over and the roads are clear. So tell me, why do we still need the Emergencies Act?

Like Senator Tannas, I was also very disturbed by the lack of leadership. Canadians were left on their own, wondering where their government was. Canadians were looking to the Prime Minister for reassurance that everything would be well, but the Prime Minister was missing. He wasn’t there when Canadians needed him most, but what he did was invoke the Emergencies Act.

Honourable senators, for these reasons I will not be supporting the Emergencies Act and I will be voting “no.” Thank you.

Senator Pate: When Senator Housakos spoke, he slightly misrepresented what I said. I talked about the concerns with protests like the Indigenous protests and Black Lives Matter, and concerns about the use of state force against them. You also mentioned the concern you have, whether it is people of Muslim faith or those of African descent or Indigenous peoples who speak out. I want to confirm that is one of the concerns, not that it is one of those protesters who would cause harm, but it is state harm that often comes to them when we invoke these kinds of emergency acts.

Senator Tannas: One of the things that has to happen is what Senator Housakos said. This is a moment when political points — and calculations about how to score them — need to go out the window when we actually do the review of what happened. Those committee members need to be focused on what really happened and on making sure that everybody who had a role to play and didn’t play it, or who played a role they shouldn’t have, is enumerated, and it is brought to the light of day. That will go with not just the committee but the selection of who goes into the committee.

Leaders will have a responsibility. They will have the job of appointing people to that committee. Caucuses will have some role in the House of Commons — I speak specifically about the House of Commons. If you are sending your political spin master into that committee to make sure that it all comes out to your advantage, we are sunk right from the beginning. There is a moment before that committee starts where I think leadership has to begin. I would hope that the Prime Minister, the Leader of the Opposition, the caucuses, the NDP, the Bloc Québécois and all of us here would take that first step of leadership and put somebody in who has the expertise, the guts and the willingness to work with others to make sure that a proper accounting of this takes place.

Senator Tannas: I think this is a very dangerous time. Over the last six years, we have spent an enormous amount of time listening to, considering and advancing the rights of lots of minorities who have been waiting for their time to get recognized. If I was a leader of a minority — if I was in that position — I would be very worried. The reason I would be worried is that the majority is at war with each other. They have split. In order for minority rights to be properly recognized and protected, the majority has to do it. If the majority is dysfunctional, then God help the minority.

We have work to do to heal the divide — this large divide, the 40-40 divide, whatever you want to call it — that exists in this country before we can go anywhere. We are as gridlocked as Wellington Street was during the protest. That must be fixed.

It’s going to take some time and it’s going to take goodwill. There will be many places along the way where I believe minorities will need to help the majority find common ground. They will need to call out bad behaviour on all sides, not just the side that maybe they perceive is most helpful to them in the moment. We have to bring people together.

Senator Housakos once said something to me, and I hope he doesn’t mind me saying this. He said, “Hey, I’m Greek. We argue,” and I took that to mean, “this is politics.” Parliament is a political institution. We came here to disagree and to talk, but to find common ground and to always respect each other. We have to start modelling that behaviour if we are going to advance our country and every single citizen in it.

Senator Gold: Thank you. At least you only have 45 minutes. Senator Tannas, thank you very much for your speech, delivered as always soberly, sensibly and with thought.

As representative of the government, I appreciate very much the statement in the course of your speech when you confirmed that government made the right decision to invoke the Emergencies Act — not done easily.

You seem to assume in your remarks, however, that, were the Senate to confirm that decision, the act would persist for 20 days. But, in fact, as the government has been saying and as I have said in this chamber as recently as yesterday, the government is reconsidering this hour by hour. It was cautious, indeed, reluctant, to invoke it.

If the government made the right, prudent and cautious decision to invoke it and is committed to reviewing it on a regular basis, why would you doubt that the cabinet would not make the right decision when taking the advice of the law enforcement professionals, who have informed this process all the way through, when they put their minds — as they do regularly — to whether it should end? Why do you think the government would be any less cautious, prudent and responsible in the decision they have undertaken to review on an hourly basis?

Senator Ataullahjan: Senator, I’m reacting to what I have been hearing from the community, who are really concerned that this Emergencies Act will do nothing to protect some of the minorities. I don’t think Senator Housakos misrepresented; I thought he was talking about the protection of everyone. But I agree with you. We have to be really vigilant.

The other issue is — and here I talk about my community — that a lot of them have come from countries where they didn’t necessarily have the freedom to speak. They didn’t know their rights, and I know of cases where things have happened and there has been excessive force used and the community didn’t know what recourse they had. I am here representing Canadians, but a certain community looks to me for answers and they have been calling me. They have expressed their concern. What does this act do for our protection? Like the National Council of Canadian Muslims. We also need to have the right to protest peacefully.

I want to acknowledge that this was a peaceful demonstration. Somewhere along the way, it turned. I also want to acknowledge police did show great restraint. We were all glued to our TV sets wondering what was happening in Ottawa.

Senator Pate: Thank you.

Senator Housakos: Would the senator take a question?

Senator Housakos: Thank you. I don’t think I misrepresented at all. I think Senator Pate and I are on the same page. I want to clarify what you are saying, Senator Ataullahjan, and what believe I hear from you is that any group of protesters in this country — environmentalists, Indigenous groups, Black Lives Matter, people who are anti-mandates — will have the fundamental right to do it without the threat of this draconian hammer being dropped in the future. What I’m trying to get across is this dangerous precedent, something that for future governments who have a problem with the agenda of certain minority groups or groups who don’t fit their political agenda, this would set a precedent, which is very dangerous vis-à-vis all groups.

Senator Ataullahjan: Senator, I would agree with you. It does set a dangerous precedent. I am all for demonstrations, as I said, but we need to have peaceful protest. We need to give Canadians the ability to let us know how they feel. Like Senator Batters mentioned yesterday, the Ukrainian community is very concerned. I know that in Toronto, they were out expressing their concern. They were out there protesting, but they can’t come to the federal capital, the seat of the government, so I hear you.

As a human rights person, I support peaceful protests where no one feels threatened and no one feels they don’t have the ability to perform their duties or go to work. However, this time, there were instances where some young girls in scarves had to be accompanied. It was one of our own MPs who brought this issue up, so we were seeing people feeling threatened. I think it’s better to look at the reality of what was happening. We wish it didn’t happen. We wish it had been handled better, but we have a Prime Minister who was missing. We didn’t hear anything from the government. I fielded calls from irate Liberal supporters who said, “Where’s our Prime Minister?”

Peaceful protest? I’m all for it.

[Translation]

Hon. Michèle Audette: Honourable senators, I want to start by thanking the Wendat, Innu, Abenaki, Wolastoqey and Atikamekw nations for welcoming me on their land in the Quebec region.

Although I am rising today for the first time, this is not my inaugural speech. I will soon be giving that speech in response to the Speech from the Throne.

However, this issue is so important and resonates with me so much as an individual, and as a senator from Quebec, that I felt I needed to share my thoughts and, of course, some observations that raise a lot of questions.

As you know, I supported the statement issued by the Parliamentary Black Caucus regarding the protests in Ottawa on Anishinaabe territory. I also supported the statements made by Indigenous senators on these protests. I remind senators that the Federation of Sovereign Indigenous Nations in Saskatchewan, the Algonquins of Pikwakanagan, the Algonquin Anishinabeg Nation Tribal Council and the Kitigan Zibi Anishinabeg Nation expressed their concerns about the violation of First Nations protocol and the appropriation and misuse of objects and ceremonies that are precious and sacred to us.

I continue to support and stand behind these statements.

I firmly believe in the right to peaceful protest, and here is why. I am a peaceful protester. I have participated in peaceful protests, and I have watched and observed others. Here are just a few: the Summit of the Americas, Idle No More, Theresa Spence’s hunger strike, the Amun March from Wendake to Ottawa, and countless protests on Parliament Hill, in front of the Quebec National Assembly, and even before the Supreme Court of Canada. These protests were against the injustices faced by Indigenous women and sought to make our voices heard and to propose changes to eliminate those injustices.

On several occasions, I have heard senators in this chamber talk about how there were guns at Indigenous protests. I can assure you that the only tool or, as some might describe it, the only weapon that I had at any of the protests were my voice and my convictions regarding the democratic process.

That being said, I cannot support intolerance, hate, the use of hate symbols or violence of any kind.

As some have said after seeing and hearing what has been going on, my Canada is suffering. I have felt that more keenly these past few weeks. We are seeing a Canada that is letting racism and discrimination permeate various institutions.

The question I am asking myself is one that has been raised over and over again these past few weeks: Do you really think this charade would have been allowed to continue had the protesters been Indigenous, Black or from a cultural community?

My answer is simple: No, it would not have lasted. There is evidence that tolerance for peaceful protests by Indigenous people and members of the Black community is lower. Police intervention and other measures such as injunctions happen in the blink of an eye when it’s racialized, Indigenous and vulnerable people involved.

I would like to quote from an article by Audra Diptée, an associate professor of history at Carleton University:

 . . . in 2016, on the very first day of a peaceful demonstration in Toronto, participants of the Black Lives Movement were beaten and gassed by the police. Four years later, in Ottawa, a protest at a key intersection advocating for Black and Indigenous lives resulted in 12 people being charged and the protests being removed within three days.

As Emilie Nicolas wrote in Le Devoir, and I quote:

 . . . while racialized parents are reported to child protection services for basically no reason, dozens of kids have been in unsafe conditions in the Ottawa convoy for weeks.

Who is going to do anything about it, I ask? That same reporter, Emilie Nicolas, went on to say, and I quote:

 . . . we are reminded of the homeless encampments that the police aggressively razed, citing fire hazards. While countless Indigenous leaders have been subjected to close police surveillance, authorities are so unconcerned about the dangers posed by the far right that they were “surprised” by several of the convoy organizers’ plans for occupation and sedition (which had been clearly stated online).

I could also use the platform I have here today to inflame the political debate. All I will say, however, is that certain parliamentarians unfortunately have a double standard when it comes to blockades set up by Indigenous people and the protesters who took over Parliament Hill.

Isabelle Picard, a Huron-Wendat ethnologist for whom I have a great deal of respect, also wrote about this recently, and I quote:

This time two years ago, all eyes were on the Wet’suwet’en community and what the media was calling, at best, the railway crisis and, at worst, the Indigenous crisis. Because this crisis was far from being entirely Indigenous. The people blocking the tracks were from all walks of life. The people who were arrested, however, were definitely Indigenous. Nearly all of them. At least on Wet’suwet’en traditional territory. Twenty-eight people were arrested by the RCMP after Coastal GasLink obtained an injunction for a major gas pipeline through Wet’suwet’en territory.

Ever since these pre-pandemic events, negotiations have become mired in the status quo. There have been 50 or so additional arrests. Almost all were Indigenous people. Women and elders were in the bunch. Ten days ago, a complaint was filed with the UN by pipeline opponents, for the violation of several articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Ms. Picard added that there are many differences between the protests in Ottawa and those in British Columbia:

On the one hand, you have people who have burned thousands of litres of gasoline to get their message heard, and on the other, you have people who want to prevent oil from flowing through their land. The former speak of freedom, maybe because they have too much of it, and the latter can only wish for freedom, because they have none. However, both groups (and that’s not including regional imitators) are ready to stand their ground for as long as it takes to uphold their convictions.

As you know, I heard testimony during the National Inquiry into Missing and Murdered Indigenous Women and Girls. The witnesses clearly demonstrated how the Canadian government committed or tolerated violations of human rights and First Nations, Métis and Inuit rights. These violations perpetuate a system where violence is regularly trivialized and where crimes are committed with impunity. Our trust in our institutions is shot, but we are hoping — I am hoping — that this trust can be rebuilt. However, in light of recent events and the leniency of these same institutions, it should cause no surprise or offence that we are puzzled and bewildered.

I stand puzzled before you now. Why is there no mention of racism or the use of hate symbols in the proclamation of the public order emergency? Why aren’t the tools and measures applied in the same way for everyone?

It is unquestionably important to ensure that everyone can live in a safe and peaceful environment. The people of Ottawa have gotten their city back, but we cannot disregard or dismiss the threats that still linger in Ottawa or elsewhere in Canada. How can we ensure that daily life for the silent majority will never again be obstructed in this way? More importantly, why would we allow splinter groups to undermine and weaken democracy?

However, I do have one concern. Could the invocation of the Emergencies Act be used in the future to justify restricting the right to protest? I hope not.

Therefore, I urge you, esteemed colleagues, to ensure that a senator who is a member of a Métis, Inuit, or First Nations community or a member of the Parliamentary Black Caucus takes part in the parliamentary reviews and any other measure to study the sequence of steps taken by the government under this act. It is important to me that this be examined through different eyes and diverse lenses.

The same principle must apply to those chosen to undertake an inquiry and table a report in each House of Parliament within 360 days of the expiry or revocation of the state of emergency. Here again, it will be important to have a Métis, Inuit and First Nations lens.

As ethnologist Isabelle Picard said so well:

Let’s get back to love and peace. That doesn’t seem to be our biggest problem. To be able to talk about love, you have to be able to talk about hate and war. To talk about freedom, you have to be able to talk about servitude and slavery.

For as long as I can remember, I have carried, I have “portaged,” the values of social justice, equality and equity in my heart. I too dream of a just and open society, in which everyone feels welcome and all languages, cultures and stories are respected.

I think this is an important debate, and I will be listening closely while I wait to make a decision, which will happen very soon.

Thank you.

[English]

Hon. Pamela Wallin: Honourable senators, the question we are being asked to consider is this: Did the events here in Ottawa over the last three weeks meet the threshold for this extraordinary imposition of the Emergencies Act?

Today, the following question remains: Why is it still in place? The emergency has been met. The blockade is gone. Surely, the authorities will not be caught so flat-footed ever again. Therefore, the threat that the protesters may come back in force seems unlikely. Intelligence operatives and police have surveillance and investigations under way to deal with crimes in the making, plots or new actions.

They had those powers before the invocation of the Emergencies Act.

In a letter sent to parliamentarians from Advocates for the Rule of Law, a non-partisan think-tank, argued the following:

The failure of the government and police to enforce existing laws and court orders is not a sound basis to expand state power with a declaration of a public order emergency, when no such emergency has been proven to exist. One rule of law failure should not beget another.

The letter goes on to state:

. . . it risks a gradual erosion of Parliament’s role in favour of executive power; and it amounts to a damning admission of a failure of state capacity. If Canada is to remain a functional and free democracy, then it must be able to solve problems using existing laws and established institutions, and without resorting to the most extreme measures except where absolutely necessary.

So I think we can all agree on both the importance of the rule of law in Canada and the objectivity of the courts, which together form the foundation of a just society. The Emergencies Act asks Canadians to forfeit this most basic tenet of our democracy.

In fact, what we actually witnessed was a colossal failure of leadership at all levels. I think it’s fair to say that the convoy protest became an encampment due to the failure of planning and the inability to react.

There was not a single barricade. Protesters were actually directed to Wellington Street, the main access to Parliament. There were existing laws to move trucks and do something about horns, diesel fumes or clogged streets. But those laws were not employed. So it’s difficult to accept now that bad decisions and inaction justifies using an act reserved for the most dire national security crises.

This act is meant to be used — well, never. Here is why: Its application is a judgment call, and judgments are political by definition when the government of the day substitutes itself for Parliament or the objectivity of the courts. The act comes first, then permission is sought. Invoking the Emergencies Act in this context has made the law a subject of partisan contention, and when the Prime Minister made this, for all intents and purposes, a vote of confidence in his government, it only further illustrates the problem.

This is at the core of why emergency legislation is so risky and so dangerous. The ability in a free and democratic society to protest requires the blind application of the law. The Prime Minister deemed some protests in Canada to be acts of democracy and even participates in some. No action was taken against church burnings or topplers of statues. That was called understandable. But the Prime Minister declared the trucker protesters here in Ottawa to be racist, White supremacists, misogynists, people he didn’t like and would never talk to.

But does being frustrated, angry or critical of government actually make you an enemy?

Therefore, the issue is this: Who should decide what is lawful advocacy and what is an illegal protest or occupation? Who is to decide to whom laws apply or whose actions can trigger the invocation of the Emergencies Act?

That is why we have the rule of law and the obligation to make your case for extra powers to a court and not leave it to the judgment call of the government of the day.

So why the Emergencies Act now? We did not see it invoked at the G10, at Oka or when Parliament was attacked in 2014. We did not even see it during 9/11. I lived in New York then and witnessed the fear and genuine crisis that unfolded, and even during those extraordinary times, there were fierce debates over what was called a ticking time bomb situation. How far can and should you go to fight terrorism? One argument was, for example: Can you waterboard someone to get information to defuse the ticking bomb?

History teaches us that too often actions taken in the heat of the moment, even in the face of actual terrorism, prove to be ill‑considered and were rejected once they became known, but that was months, even years, after the fact.

One issue today that I find particularly troubling here is foreign involvement and financing being used as a justification. Foreign money has been flowing into this country for years to support or oppose a variety of political causes and issues: stop a pipeline, save a whale or support a truck convoy. So why is it okay for some causes to be funded by foreign supporters but not others?

The Finance Minister stated that new FINTRAC rules, expanded under the new act, will allow for greater financial reporting obligations of crowdfunding sites and crypto-currency platforms and will be made permanent with legislation. I agree FINTRAC, as it stands, lacks the necessary teeth needed to track the finances of criminals or extremist groups, but to use this as an opportunity to test out new laws is deeply unparliamentary and takes advantage of this situation to advance policy and perhaps even political goals. If you want FINTRAC 3.0, then present it, defend it and vote on it. Again, we see the extraordinary powers before a parliamentary vote.

If you disagree with the government, can you be excluded from economic activity in this country? Can your finances be frozen or essentially sealed? The remedies for those who have been unfairly targeted require resources because banks and financial institutions have been given immunity from liability under this new act. So appealing to your bank, the police or the courts is probably not going to resolve the matter. It is costly, and if your resources are frozen, then it’s not even an option. Many are caught in this catch-22.

Of course, no one wants our way of life, our democratic rights and freedoms or our system of government put at risk. So what other options are there other than the imposition of a draconian law?

We saw in Coutts, Emerson and at Windsor’s Ambassador Bridge how talking, and more importantly listening, brought blockades and protests to an end. Criminals were charged and arrested. The weapons cache was seized under existing laws.

But that did not happen here in Ottawa. Why? Well, as Emergency Preparedness Minister Bill Blair said, “We cannot leave anyone with the impression that our democracy is negotiable or subject to efforts of appeasement.”

The discussions in Coutts and Emerson and Windsor did not erode trust in public institutions or put our democracy at risk. Talking helped. Listening helped. And it could have been an opportunity to turn the temperature way down, calm the fears and bridge the differences here in Ottawa too.

Colleagues, I come from a part of the country where it’s normal to wear camouflage, drive a semi for a living, bring your kids to events because you don’t have a nanny or be skeptical of almost any government intervention in your daily life, mandates included.

Many truckers have been working all through the pandemic, delivering things we needed or simply wanted. They had no place to eat and were left to use the side of the road. These were folks at the heart of the convoy, not the opportunistic agitators that rose to prominence, commandeered the headlines and in the process became the justification for this bill.

Ultimately, this debate is a litmus test. The result will reflect your own experience, your own beliefs, your own world view. Sitting with colleagues in a restaurant the other night when the House vote was announced, wild cheers broke out. It felt more like a victory whoop at a sporting event than the realization that our country had just made a profound and very risky decision.

Democracy is messy. Free speech is about tolerating speech you disagree with so that you, in turn, are free to say what you believe. Every day we tolerate risks and inconvenience and discomfort to participate in and protect our democracy. It’s part of the price of upholding our rights and liberties.

Emergency powers cannot and must not be normalized, especially at a time when more and more Canadians are losing faith in our institutions.

The defenders of this bill say, “Trust the government. They will not go too far. Just trust them.” Well, “just watch me” gave me no comfort and “just trust me” gives me less still.

The political fallout from the War Measures Act haunts us still. It has shaped and distorted politics for half a century. It had consequences no one could have predicted.

I fear the same may happen, that today those who are rounded up may go silent but not away. That those who have been targeted, disparaged or have their livelihoods threatened will disengage from our civic life. I fear that others will decide that separatism is the only answer. We have seen the precedents.

When people lose faith and trust in our national institution, the ties that bind fray. Canada itself is an act of faith. Our east-west configuration is challenged daily by the north-south pull of common geography, shared interests and trade. If we ignore the reality of political difference, if we pretend smugly that somehow partisan division is an American phenomenon and foreign players are to blame, that is to deny the very basis of our democracy. Opposing the government of the day is democracy. It’s how it works. It’s why we have elections. It’s why we have debates and votes here and in the other place. It’s the very basis of our parliamentary democracy.

To silence criticism or dissent through extraordinary laws is the very action we would decry and denounce everywhere else in the world, and that is why I will vote against this act. Thank you, colleagues.

Hon. Bev Busson: Honourable senators, I rise today to speak in favour of the Emergencies Act. Our capital, and the entire country by association, had been taken hostage and continues to be at risk.

Early last week, it had unfortunately become clear that the usual procedures of the municipal police force had been overwhelmed, as their chief had put it. The blame game is for another day, but we must now step up to the plate.

Last Friday, the full force of the state enabled by the Emergencies Act began the process to end this occupation of our capital, and we are now debating essentially whether we should sanction it. We as the chamber of sober second thought are called upon to act, not for our own political beliefs or philosophies, but for the greater good.

Like the pandemic itself, this is one of those times when we must act decisively, not in a partisan way, in order to support our democracy and those who put themselves in harms way to defend it for us.

This is not over, as some of us have suggested. I implore you to consider the message we would send if at this moment in history we take advantage of the freedom won back for us this weekend, and yet vote no for this matter disagreeing with the act coming into force in the first place. Again, this is not over.

Those who coached the occupation of our nation’s capital and the intended roadblocks across Canada will be emboldened if we, dear colleagues, do not support our national institutions, its police officers and the rule of law. I will repeat, this is not over.

I’m so proud of the police officers from across the country. In the past days, they employed textbook professional policing techniques using their powers in a measured way — no tear gas, no rioting, no looting and no loss of life. The Emergencies Act continues to enable the police to react with strength and to ensure our democracy is re-established. If we vote no, the wrong message will be sent. Contrary to suggestions made today — that we can just invoke it again if we get this wrong — are untenable. We never want to invoke this again.

Truckers and their supporters gathered in Ottawa on or about January 29 to rally against mask mandates, lockdowns, restrictions on gatherings and other COVID-19 preventive measures. These peaceful protesters, comprised of Canadian citizens exercising the right to demonstrate, soon found their cause co-opted by a much darker element in our society. Call them what you will, but know that they stand for the overthrow of our government and the dissolution of our democracy.

Canada prides itself on embracing and supporting human rights enshrined in the Charter of Rights and Freedoms. Our Charter describes our rights and what we can expect and demand in our civil society. But it also suggests that with this, a corresponding contract exists to respect the rights of others as well. Freedom is a two-way street balanced to ensure that the rights of one do not infringe on the rights of another. We depend on this balance to live our life together with respect.

One of these rights is the right to speak against the government and to oppose any law we disagree with. However, and disturbingly, there has been a wave of ultra-right groups who have taken the trucker-inspired protest against mask mandates and morphed it into a movement that is not only disruptive to the rights of the citizens of Ottawa, but also has brazenly ignored the rule of law and created an environment of hatred for those who live and work in our nation’s capital.

Spinoff protests have occurred and are still occurring around the country as well as at border crossings and airports. Hardcore members of these groups thwarted requests and negotiations to have them leave and they locked down, thumbing their noses not just at the police, but at the rights of each and every one of us to feel safe and secure.

Those in Ottawa were the hardest hit, but the entire country has felt the sting of this lawlessness and disrespect as we watched the nation’s capital be turned into an amusement park for anarchists. Make no mistake, their mission remains the dismantling of our government and replacing it with one of their own. Sorry senators, we’re not going to be running the country with the Governor General any time soon. These people, by definition, are anarchists. They are professionally led, well funded and skillfully planning the downfall of our democracy. They use children as human shields to obstruct enforcement.

Senator Plett: Thank you. Would I agree that the government should consult with law enforcement? Yes, by all means I would.

But in answer to that question, I wasn’t here a whole lot during the protests; I was here only for parts of it. However, other colleagues were here and they talked to police officers who were on Wellington. We talked to the RCMP in Manitoba who dealt with the Emerson situation, and they handled the Emerson situation well. The Coutts situation was handled well.

In Ottawa, the police chief had to resign over this, for whatever reason, whether it was because it was too difficult for him — I don’t want to put anything into why the police chief resigned, but it was certainly over this issue. But the police were not doing a whole lot other than making sure nobody was getting hurt and so on. They were policing the situation. Many of the police we talked to were certainly not opposed to the reasons the convoy was here. I’m not going to say that — I was one of them who, after two weeks, said, “Hey, it’s time to go home, folks.”

I think many of the police thought the same thing, but they really never made an effort, Senator Gold.

Now, do I believe in consultation with the police? Yes, but the act says consultation with the premiers as well, which is what Senator Housakos talked about.

So I guess my answer to you is that you don’t just completely ignore one but consult with the other and accept their advice but ignore the other’s advice. To me, that doesn’t make sense. Should they consult with police? Should they consider the advice? Should they consider the advice of the premiers? In both cases, I think the answer is “yes.”

Hon. Bev Busson: These occupiers are by definition anarchists. They are professionally led, well-funded and skillfully planning the downfall of our democracy. They use children as human shields to obstruct enforcement. We need the full power of the state to make sure these people do not again overwhelm those who are trying to protect us. Although this protest was political and a failure on many fronts, it becomes a police matter to clean up the streets and deter those who would want to move the game somewhere else. This is not over, and I believe those who think it is are engaging in wishful thinking.

There will be armchair quarterbacks who would have complained of heavy-handedness if the protests were proactively dismantled on day two of the occupation and there will be those who will now complain that they went too far. I learned in my prior life that policing a protest is a no-win situation. The police are not there to take sides. They are there to keep the peace. In my opinion, it’s a miracle that, given the chemistry of the occupiers and the numbers of counter-protesters feeling forced to vigilantism, no one was killed or that violence and looting had not been triggered.

This brings us to today. What are we prepared to do to protect our democracy? That is essentially the question we have to ask ourselves. Some have argued that invoking the Emergencies Act is an overreach. I submit that this is exactly the situation that this act was designed and created to address. It was passed by the Mulroney government and has never been used before. The situation cries out for an effective and decisive response. People were entrenched in our capital, swearing at people wearing masks, making racist and homophobic remarks, attempting to commit arson at buildings where people were asleep and generally taking over the streets. They were imposing their will on those who have the right to live their lives, go to work, stroll down the streets and have nights of peace in their own residences without the wail of hoodlums and the cacophony of semi-truck horns. If these circumstances do not cry out for this act, I don’t understand what would.

We can debate what went wrong, who is at fault and how we can avoid these situations in the future — and in fact the legislation demands that we do so — but for now we need to support those who have taken back the streets. The local police without these powers were outnumbered, under-equipped and unsupported by the system. I would argue that the policing system in the capital is not nimble, not integrated and is inherently reactive rather than proactive. And I’m hopeful that the official review will remedy this failure.

In the meantime, this act gives the police the proactive authority to deal effectively with this issue. Having won the city back, they now have to deal with the instigators so that it is made abundantly clear that taking Canada hostage again is not an option. We need to support the police with the powers to do what they need to do to give us our freedom back. We are asking — no, demanding that the police place themselves in harm’s way for us, our capital and our country. We owe them the opportunity to do this safely and with all the tools available.

Protests are incredibly difficult and complex situations to manage at the best of times and are both dangerous and volatile for police who have to step up and deal with systemic mistakes of the past. Political failures have created this situation. If we want our police to enforce our rights and keep our democracy safe in these exceptional times, we need to do what we can to make sure they succeed. Failure is not an option in these difficult circumstances. It is, in reality, our country, our way of life that is at stake.

They knew going in that they must succeed and they did it the Canadian way, with only as much force as necessary, with no loss of life, with a clear message that the copycat occupations of this nature will not be tolerated. This could not have happened without the Emergencies Act.

Canada is a diverse country — the best country in the world — and should be coming together rather than allowing this to become a partisan issue dividing us. We should stand together for a strong Canada rather than use this as a political football to gain favour and votes. We should stand for law and order. The vast majority of Canadians want this crisis to end and, of course, we all want it to end peacefully. This is not a local problem; it is a national crisis. And I am at a loss to understand how we can play politics with our democracy and with the lives of not just the police but with the people of Canada, including the protesters themselves.

Again, this is not over. It’s difficult for us to accept that there are organized groups in this great country who subscribe to a White supremacist, anti-government philosophy with the goal of taking down the government, but sadly, this is the reality we must come to grips with. These people used our love of freedom and diversity against us and weaponized the valid concerns of ordinary people — in this case, truckers — who were simply trying to voice their displeasure with the government policies around COVID-19 and vaccine mandates. These groups are strategic, they are smart and they are masters of manipulation and disinformation.

I hope this chamber can find a way to differentiate between valid protests, which are a hallmark of the Canadian way, and the international movement to destabilize our country and others with deception and hatred. We must support the police and other authorities to use this act to do what we have asked them to do, stop this affront to law and order and our way of life before it spreads to other parts of our country. It is on all of us to have the courage to speak out against anarchy by endorsing the Emergencies Act. This must never happen again. Thank you, meegwetch.

Senator Busson: Thank you. I will look forward to continuing.

(The sitting of the Senate was suspended.)

(The sitting of the Senate was resumed.)

On the Order:

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That, pursuant to section 58 of the Emergencies Act, the Senate confirm the declaration of a public order emergency proclaimed on February 14, 2022.

Hon. Vernon White: Honourable senators, I wasn’t going to speak this week and then I was, then I wasn’t, and now I guess I am.

I guess I am, like most Canadians right now, frustrated, tired and sick of what has been two painful COVID-laden years, and yet I recognize that my two painful years have been nothing compared to the painful years that most have had to endure. I’ve been blessed with good health, a healthy family and employment relatively unaffected by COVID. I say that only as I lead into what I believe is the matter before us and I will speak for a fraction of the time that others have, primarily because many of you have outlined the things I saw, I heard and on a few occasions I smelled as I walked through downtown Ottawa.

I will not discuss the legality of the invocation of the Emergencies Act, as we have enough former judges and lawyers here who can do that. I’d rather try to stay in my own lane.

I’ll focus on two things today, though. First, should the act have been invoked; and second, whether it is still needed. On the first count, I watched as the Ottawa occupation grew and as blockades were popping up at border crossings across Canada, in some cases severely hampering trade, crippling part of parts of our economy like the auto sector. Some will argue, as I did in the first few days of the event, that the need for resources was evident. And I suggest that it was clearly expressed by both the police and political leadership in Ottawa and needed to be acted upon at that time.

It has been stated and it is understood that the police — more than 60,000 across Canada — have responded to the need for resources previously, including G7, A20 events, summits, presidential and papal visits. But this was not a G event, a presidential or papal visit. You see, I would argue this became each of those at the same time— a G7 visit in Ottawa where we could send 5,000 officers; a blockade at a railway where we could disperse 1,000 officers. Instead, it became both and more and growing, an octopus with multiple tentacles that was adding limbs faster than the authorities could remove them. I believe that growth of incidents, the lack of capacity/capability to manage the incidents and concerns around potential and expected extreme violence — for example, the arrest and seizure of firearms, conspiracy to commit murder against police officers — was a clear message. This was getting worse and had the potential to become violent and even deadly.

As well, there was a clear and systematic movement to disrupt, like overloading 911 in the city of Ottawa, a dangerous aspect I had never seen before. Then there was the whack-a-mole method used by protesters in the city meant to further reduce police capacity and their movement of vehicles to residential areas, school zones, the airport whenever the police began to tighten controls in the main occupation area.

In essence, I believe there was a tipping point where the federal government had to take a greater role, and that role in this case was the invocation of the Emergencies Act.

People will ask: Was there something else that could have been done? There are always other things that could be done, but they were not being done for reasons I am certain will become clearer in time.

Sometimes the best way to judge whether something was needed is to look at results, and here they are clear. They have ended the occupation. We have not had a large blockade of a border crossing since. So what Canadians were asking for has now occurred.

The second question relating to whether or not it’s still needed is actually easier for me. You see, I would argue we don’t know what we don’t know. The police and our government leadership tell us it is still needed and that there is still a substantial threat. I would suggest that we will judge whether they are correct in the future, when we and the courts review their actions, not now.

In essence, I supported the invoking of the Emergencies Act and, for now, I support its continuance because the authorities are telling me that they continue to need it and to use the tools that the invocation of the Emergencies Act brought into play.

Thank you.

Senator Gold: Thank you. I’ve learned from you, and you’ve learned from me because you didn’t answer my third question, so I’ll give you another chance.

I will repeat my third question with a preface. As colleagues know and as I stated in the chamber — and as the government deposited and tabled — the Government of Canada did, in fact, consult with all the provinces, as set out in the document they were required to table and which was tabled here.

My third question was simply, given the appreciation for the support of our law enforcement, the professionalism, given that it’s appropriate for a government to take their advice, my question is this: The police chiefs of Canada supported the invocation of the Emergencies Act because they said without the tools they couldn’t do the job. That was awhile ago.

They more recently said that they support the continuing existence of the Emergencies Act at least for a little longer so that they can finish the job. That’s the advice that they’re giving to the Government of Canada. That’s the advice that the Government of Canada is taking because it’s acting responsibly. It doesn’t want this to go on any longer, but it’s relying upon law enforcement.

So I don’t understand, Senator Plett, with the admiration that we all feel for our law enforcement and the appropriateness of a government taking advice, why would you disregard or why do you not find it compelling that law enforcement has been telling our government you did the right thing by invoking it and we still need it in place?